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Introduction Introduction
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Early Rabbinic Understandings of Torah Law on Feticide Early Rabbinic Understandings of Torah Law on Feticide
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Discussion of Feticide in Medieval Rabbinic Writings Discussion of Feticide in Medieval Rabbinic Writings
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“It Is Not a ‘Life’”: The Question of Fetal Personhood “It Is Not a ‘Life’”: The Question of Fetal Personhood
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“There Is Nothing Forbidden to a Gentile That Is Permitted to Israel” “There Is Nothing Forbidden to a Gentile That Is Permitted to Israel”
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Maimonides: The Fetus as a “Pursuer” Maimonides: The Fetus as a “Pursuer”
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Discussions of Feticide in the Modern Era Discussions of Feticide in the Modern Era
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Interpretations of Maimonides’s Ruling Interpretations of Maimonides’s Ruling
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Discussions of the Nature of the Prohibition Discussions of the Nature of the Prohibition
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Feticide in Twentieth and Twenty-First-Century Rabbinic Case Law Feticide in Twentieth and Twenty-First-Century Rabbinic Case Law
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Conclusion: Some Considerations of How Halakhah Functions Conclusion: Some Considerations of How Halakhah Functions
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Notes Notes
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Feticide in Halakhah: Attitudes, Approaches, and Application
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Published:22 February 2024
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Abstract
This chapter offers a detailed survey of Jewish legal sources, from ancient times until today, concerning the permissibility of terminating a pregnancy under specific circumstances. It surveys the basis for negative attitude and prohibitive approach to abortion that characterizes traditional Jewish law, while also demonstrating that according to the dominant view, abortion is not defined as homicide or murder according to halakhah. This allows for a degree of permissiveness when the value of preserving fetal life confronts other values, like the overall health of the mother. It concludes with a discussion of the value of maintaining a distinction between “wholesale” and “retail” when the broader message of the halakhah is in tension with its application to real-life cases.
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